| RP No. 113 Of 2010 | | (Arisen out of Order Dated 06/09/2010 in Case No. 23/2010 of District Jalpaiguri DF , Jalpaiguri) |
| | | | 1. Sri Tapan Pyne. | | S/O Late Khagendra nath Pyne,Basanta Kunja Apartment, Silpasamiti para, PS. Kotwali, Dist. Jalpaiguri. | | 2. Sri Gopal Chakraborty. | | S/O Late H.P. Chakraborty, Basanta Kunja Apartment, Silpasamiti para, PS. Kotwali, Dist. Jalpaiguri. | | 3. Smt. Ipsita Ganguly. | | W/O Sri Tapan Ganguly.Basanta Kunja Apartment. Silpasamiti Para, PS. Kotwali, Dist. Jalpaiguri. | | 4. Smt. Sweta Dutta Chowdhury. | | W/O Sri Utpal Dutta. Basanta Kunja Apartment, Silpasamiti Para, PS. Kotwali, Dist. Jalpaiguri. | | 5. Sri Dilip Chakraborty. | | S/O Lt. Bashanta Chakraborty. Basanta Kunja Apartment, Silpasamiti Para, PS. Kotwali. Dist. Jalpaiguri. | | 6. Sri Himangshu Bhushan Karmakar. | | S/O Late Rajendra Ch. Karmakar. Basanta Kunja Apartment, Silpasamiti Para, PS. Kotwali, Dist. Jalpaiguri. | | 7. Sri Sunil Kumar Jana. | | S/O Late Bhajahari Jana. Basanta kinja Apartment. Silpasamiti para, PS. Kotwali. Dist. Jalpaiguri. | | 8. Sri Murlidhar Sarawagi. | | S/O Late Mahabir Prasad Sarawagi. Basanta Kunja Apartment, Silpasamiti Para, PS. Kotwali. Dist. Jalpaiguri. | | 9. Sri Subhabrata Sarkar. | | S/O Satyabrata Sarkar. Basanta Kunja Apartment, Silpasamiti Para, PS. Kotwali. Dist. Jalpaiguri. | | 10. Sri Tushar Subra Roy. | | S/O Late Ahindralal Roy, Basanta Kunja Apartment, PS. Kotwali. Dist. Jalpaiguri. | | 11. Sri Santosh Sharma. | | S/O Mr. Indra Narayan Sharma.Basanta Kunja Apartment, Silpasamiti Para, PS. kotwali, Dist. Jalpaiguri. | | 12. Sri Pradyut Kumar Roy. | | S/O Sri paresh Ch. Roy Karmakar. Basanta Kunja Apartment, Silpasamiti Para, PS. Kotwali. Dist. Jalpaiguri. | | 13. CESC Ltd. | | Regional Office at North Suburbon Regional Office, 32, B.T. Road, Kolkata - 700 058. |
| ...........Appellant(s) | | Versus | | 1. M/S Loke Nath Construction. | | Rajkot Para, PS. Kotwali, PO & Dist. Jalpaiguri. | | 2. Sri Rajat Ghosh. | | S/O Late Chittaranjan Ghosh. M/S Lokenath Construction, Rajkotpara. PS. Kotwali, PO & Dist. Jalpaiguri. | | 3. Smt. Mistu Basu. | | W/O Sri Amitava Basu. M/s. Lokenath Construction Rajkot Para. PS. Kotwali, PO & Dist. Jalpaiguri. | | 4. Sri Malay Banerjee. | | S/O Sri Sunil Banerjee. M/s Lokenath Construction Rajkot Para, PS. Kotwali, PO & Dist. Jalpaiguri. | | 5. Sri Dilip Chakraborty. | | S/O Late Basanta Chakraborty. Ukil Para. PS. Kotwali, PO & Dist. Jalpaiguri. |
| ...........Respondent(s) |
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| ORDER | No. 3/01.04.2011. HON’BLE JUSTICE SRI PRABIR KUMAR SAMANTA, PRESIDENT. Revision Petitioner through Mr. Priyankar Deb Sarkar, the Ld. Advocate and O.P. through Mr. Arunava Maity, the Ld. Advocate are present. This revisional application is directed against order dated 06.09.2010 passed in Complaint Case No. 23 of 2010 by the Jalpaiguri District Forum thereby rejecting the petition for local inspection as filed by the Complainants. The complaint case has filed by alleging various incomplete/defective work made in the construction of the residential flats one of which has been handed over to the Complainants for their possession. In paragraph 5 of the said complaint the defective and incomplete works have been pointed out as under :- a) Coloring and painting of walls both outsides and insides only the first coating has been give; a portion of the stair has been line painted and the other sides have been just white washed; in some places there are just cement works only, no color has been used; b) Painting of outside window panes specially at the stair has not been done even for the first time; c) Making no outlet from the water tank and naturally regular excess water has been damaging the roof; d) There is no electric meter guard to protect children and absent minded people from any casualty; e) The boundary wall in the front has not been constructed; f) Plastering of a portion of the boundary wall has not been done yet; g) Gate Valves replacement by petitioners; h) No car parking area has been provided to the complainants as shown in the plan for the building duly approved by the Jalpaiguri Municipality”. Upon careful reading of the said paragraph as well as the defects and/or incompletion alleged in the construction of the flats in question it is abundantly clear that the dispute, if there by any, in respect thereof cannot be effectively adjudicated without a local inspection of the flats in question. We are, therefore, of the view that the Forum below has acted illegally and with material irregularity in dismissing the petition for local inspection as filed by the Complainants – Petitioners. The impugned order is accordingly set aside. The revisional application is, therefore, allowed. The Forum below is accordingly directed to cause a local inspection by appointing a Commissioner for that purpose on the questions as to the allegation made in paragraph 9 of the complaint. Such local inspection should be held by the Commissioner expeditiously upon notice to the parties of the complaint case. | |
